How much money was awarded in case 5102196?

Filing Fee: $27.00 awarded to landlord

What type of tenancy dispute was case 5102196?

The primary dispute was Rent arrears. Related themes: 14-day notice, Water Rates.

Where can I read the official tribunal order for case 5102196?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11643023-Tenancy_Tribunal_Order.pdf.

How much money was awarded in case 5102196?

Filing Fee: $27.00 awarded to landlord

What type of tenancy dispute was case 5102196?

The primary dispute was Rent arrears. Related themes: 14-day notice, Water Rates.

Where can I read the official tribunal order for case 5102196?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11643023-Tenancy_Tribunal_Order.pdf.

16 Frangipani Avenue, Manurewa, Auckland 2102 Tenancy Tribunal Case 5102196 — Rent arrears

Q: What was the outcome of Tenancy Tribunal case 5102196?

The tribunal order states: Gloryalilly Singhsran must pay Fair Rentals Limited As Agent For Munish & Sujit

Order

Claims and awards in Tenancy Tribunal application 5102196. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
and reimbursement of the filing fee of	$27.00		and reimbursement of the filing fee of

Gloryalilly Singhsran must pay Fair Rentals Limited As Agent For Munish & Sujit Shetty 16 Frangipani Malik $1,632.87 immediately, being rent arrears to 28 March 2025 of $1,390.00 and reimbursement of the filing fee of $27.00.

The landlord’s application for termination of the tenancy is dismissed.

Reasons

The landlord attended the hearing by telephone.

The tenant was telephoned twice but did not answer and so messages were left.

The landlord has applied for rent arrears and water rates and has provided rent and water rates records which prove the amount owing.

The landlord has also applied for termination of the tenancy as the tenant is in breach of the tenancy agreement by being in rent arrears and not paying the water rates. See section 56(1) Residential Tenancies Act 1986 (“RTA”).

The landlord issued a 14-day notice to the tenant on 9 December 2024 that she was in breach of the terms of her tenancy agreement and owed $1,390.00 in rent arrears and $3.09 in water rates. This breach had not been remedied at the date of the hearing.

Before making the termination order for a breach capable of remedy that has not been remedied, the Tribunal must determine whether the breach is of such a nature or of such an extent that it would be inequitable to refuse to make an order terminating the tenancy. See section 56(10(c) RTA.

The District Court in Terangi v Housing New Zealand Corporation DC Porirua CIV-2010-091-110, 28 June 2010 considered that the following were relevant factors in considering a decision under section 56 RTA: a. Whether the breach was inadvertent or deliberately committed. b. Whether the breach was within or beyond the tenant’s control. c. Whether the breach involved an immoral or illegal use of the property. d. Whether a tenant has made or will make good the breach of the covenant and is able and willing to fulfil his obligations in the future. e. The conduct of the landlord. f. The personal circumstances of the tenant. g. The financial position of the tenant. h. The gravity of the breach. i. Whether a breach has caused lasting damage to a landlord. j. Whether considering the nature of the breach, it is proportionate to evict the tenant.

Considering those factors in this case: a. Because the breach has continued now for over three months, the breach is intentional. b. The tenant did not attend the hearing and so the Tribunal has no evidence of why the tenant has persisted in this breach. c. There is no suggestion of the tenant’s immoral or illegal use of the property. d. There is no reason to believe that the tenant will not remedy the breach. The amount of the rent arrears is less than the bond. e. The landlord is out of pocket $1,390.00 and has been waiting more than three months for payment. f. The rent is in arrears by two weeks. Section 55(1) RTA provides that the Tribunal shall make an order terminating a tenancy where rent is three weeks in arrears. As noted, the amount outstanding is covered by the bond. While the breach is longstanding, it is not of an amount that would give rise to immediate termination under section 55(1) RTA. g. Termination for rent arrears where the tenant is not three weeks in arrears is not a proportional response. The RTA makes it clear that when rent is at least three weeks in arrears, termination is a proportionate response. h. Section 55(1)(aa) RTA provides for termination for persistent rent arrears where three notices are issued to the tenant for persistent rent arrears. That is a procedure the landlord could have pursued if it was seeking termination. It has not done so.

For these reasons the Tribunal concludes that it would not be inequitable to refuse to grant a termination order.

If the Tribunal has not granted a termination order, then it has no ability to make a conditional termination order under section 55(1A) RTA.

The tenant needs to be aware that she needs to either make payment of the amount awarded the landlord under this order, or come to a satisfactory arrangement with the landlord to pay it off.

Because Fair Rentals Limited As Agent For Munish & Sujit Shetty 16 Frangipani Malik has substantially succeeded with the claim I have reimbursed the filing fee.

Claims and awards in Tenancy Tribunal application 5102196. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Tenant	Reason
and reimbursement of the filing fee of	$27.00		and reimbursement of the filing fee of

Order

Gloryalilly Singhsran must pay Fair Rentals Limited As Agent For Munish & Sujit Shetty 16 Frangipani Malik $1,632.87 immediately, being rent arrears to 28 March 2025 of $1,390.00 and reimbursement of the filing fee of $27.00.
The landlord’s application for termination of the tenancy is dismissed.

Reasons

The landlord attended the hearing by telephone.
The tenant was telephoned twice but did not answer and so messages were left.
The landlord has applied for rent arrears and water rates and has provided rent and water rates records which prove the amount owing.
The landlord has also applied for termination of the tenancy as the tenant is in breach of the tenancy agreement by being in rent arrears and not paying the water rates. See section 56(1) Residential Tenancies Act 1986 (“RTA”).
The landlord issued a 14-day notice to the tenant on 9 December 2024 that she was in breach of the terms of her tenancy agreement and owed $1,390.00 in rent arrears and $3.09 in water rates. This breach had not been remedied at the date of the hearing.
Before making the termination order for a breach capable of remedy that has not been remedied, the Tribunal must determine whether the breach is of such a nature or of such an extent that it would be inequitable to refuse to make an order terminating the tenancy. See section 56(10(c) RTA.
The District Court in Terangi v Housing New Zealand Corporation DC Porirua CIV-2010-091-110, 28 June 2010 considered that the following were relevant factors in considering a decision under section 56 RTA: a. Whether the breach was inadvertent or deliberately committed. b. Whether the breach was within or beyond the tenant’s control. c. Whether the breach involved an immoral or illegal use of the property. d. Whether a tenant has made or will make good the breach of the covenant and is able and willing to fulfil his obligations in the future. e. The conduct of the landlord. f. The personal circumstances of the tenant. g. The financial position of the tenant. h. The gravity of the breach. i. Whether a breach has caused lasting damage to a landlord. j. Whether considering the nature of the breach, it is proportionate to evict the tenant.
Considering those factors in this case: a. Because the breach has continued now for over three months, the breach is intentional. b. The tenant did not attend the hearing and so the Tribunal has no evidence of why the tenant has persisted in this breach. c. There is no suggestion of the tenant’s immoral or illegal use of the property. d. There is no reason to believe that the tenant will not remedy the breach. The amount of the rent arrears is less than the bond. e. The landlord is out of pocket $1,390.00 and has been waiting more than three months for payment. f. The rent is in arrears by two weeks. Section 55(1) RTA provides that the Tribunal shall make an order terminating a tenancy where rent is three weeks in arrears. As noted, the amount outstanding is covered by the bond. While the breach is longstanding, it is not of an amount that would give rise to immediate termination under section 55(1) RTA. g. Termination for rent arrears where the tenant is not three weeks in arrears is not a proportional response. The RTA makes it clear that when rent is at least three weeks in arrears, termination is a proportionate response. h. Section 55(1)(aa) RTA provides for termination for persistent rent arrears where three notices are issued to the tenant for persistent rent arrears. That is a procedure the landlord could have pursued if it was seeking termination. It has not done so.
For these reasons the Tribunal concludes that it would not be inequitable to refuse to grant a termination order.
If the Tribunal has not granted a termination order, then it has no ability to make a conditional termination order under section 55(1A) RTA.
The tenant needs to be aware that she needs to either make payment of the amount awarded the landlord under this order, or come to a satisfactory arrangement with the landlord to pay it off.
Because Fair Rentals Limited As Agent For Munish & Sujit Shetty 16 Frangipani Malik has substantially succeeded with the claim I have reimbursed the filing fee.

Tenancy Tribunal case 5102196 — Rent arrears at 16 Frangipani Avenue, Manurewa, Auckland 2102

At a glance

Tenancy Tribunal case 5102196 — Rent arrears at 16 Frangipani Avenue, Manurewa, Auckland 2102

At a glance

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions

Claims & awards

Order

Reasons

Topics & place

Residential Tenancies Act sections

Key findings

Property management

Frequently asked questions